"According to the stipulation of § 12 par. 3 letter c) of Act no 83/1990 Coll., on association of citizens, in the version of later regulations (hereinafter referred to as "Act on association"), the Ministry of Interior hereby dissolves the civic association under the name Communist Youth Union based at Politických vězňů 9, 111 21, Praha 1."

According to the stipulation of § 12 par. 3 letter c) of Act no 83/1990 Coll.,on association of citizens, in the version of later regulations (hereinafter referred to as"Act on association"), the Ministry of Interior hereby

dissolves

the civic association under the name Communist Youth Union based at Politickýchvězňů 9, 111 21, Praha 1.

Grounds of the decision

Based on § 12 par. 3 of the Act on association, the Communist Youth Union(Hereinafter referred to as "KSM") was summoned by a letter from the Ministry ofInterior (hereinafter referred to as "ministry") dated November 25th, 2005, Ref no. VS-7398/SDR/1-2005, to discontinue its non-allowed activity in accordance with thewording of the § 4 of the Act on association, and to inform the ministry on the relatedmeasures taken within December 31st, 2005. The ministry decided to summon theKSM after having had obtained an incentive notifying it about KSM’s activity, inparticular data presented by KSM on its web pages. Based on consequential requestof KSM concerning extension of such term justified by the need to discuss the wholematter within the relevant KSM bodies in accordance with its statutes, the term was extended to March 3rd, 2006.

The mentioned summon was implemented in relevance with the notification ofKSM by the ministry that the intentions of KSM’s activity published on the abovestated web pages are in collision with § 1 Par. 3 of the Act on association, based onwhich this law does non relate to grouping of citizens in political parties or politicalmovements, which makes it a non-allowed association in accordance with § 4 letter b)of the Act on association, for it follows achieving its goals by means that are incollision with the constitution and the laws, and furthermore with the fact described in§ 4 letter a) of the Act on association stating, among other, that associations aiming todeny or to restrict personal, political or other civic rights related to their nationality, sex,race, origin, political or other thinking, religion and social position, ignite hatred andxenophobia resulting from these reasons, support violence or otherwise violate theconstitution and the laws. The above mentioned conclusion of the ministry was madein relation with a KSM’s document originally named "Political program of KSM"which content involved:"KSM strives for revolutionary overcoming of capitalism and establishing ofeconomic - removal of private ownership of means of production and its replacementwith collective ownership of means of production - and social - implementation of socialist democracy - conditions for building of socialism as the first stage towards creating of the communist society, the building of which is the ultimate goal.[... ]KSM is well aware of the fact that capitalism cannot be just reformed.Therefore KSM fights for revolutionary defeat of the capitalist order by the workingmasses".In reaction to the summons of the ministry, KSM reacted by a statement datedFebruary 28th 2006, annex of which was the updated wording of the "Politicalprogram of KSM" concerning a change in its title into "Program of KSM" andreplacement of wordings "KSM strives for a revolutionary defeat of capitalism..."and "KSM therefore fights for revolutionary overcoming of capitalism... ", and "KSMtherefore stands by the side of efforts of revolutionary overcoming of capitalism...". In thiscontext KSM stated that in spite of its non-identification with the objections of theministry it carried out specification of the mentioned document, so that it does notallow the ministry for an ambiguous interpretation.After the examination of the submitted "Program of KSM" the ministry reached a conclusion that KSM did not react in full extent to the summons of the ministry, and therefore proceedings on its dissolving have been commenced in accordance with § 12 Par. 3 of the Act on association. KSM was notified on the commencement of the proceedings by a letter from the ministry dated July 20th, 2006 stating that KSM is entitled to acquaint itself with the ground papers of the decision in accordance with § 36 Par. 3 of the Administrative order, and to give its opinion on the mentioned ground papers, until August 4th, 2006. In relation with the stated above, KSM was on its request provided with the copy of a part of the documents on July31st, 2006. Based on KSM’s statement to the case dated August 3rd, 2006 containing also a request on extension of the term for giving its opinion, the ministry decided on August 10th, 2006 to adjourn the proceedings until the date of September 4th, 2006.KSM’s opinion was delivered to the ministry on September 6th, 2006. The opinion states that the commenced proceedings are deemed unjustified with a simultaneously made request to stop the proceedings mentioning the repeated enclosed standpoint of KSM dated August 3rd, 2006, which states the following:"The conclusion used by the Ministry of Interior of the CzechRepublic resulting from the ground papers of its decision that KSM tries for "otherways of establishing the political representation of the state", is a conclusion of theMinistry of Interior of the Czech Republic: it is possible to state, that if anyone triesfor other ways of establishing of the political representation and the process ofestablishing conforms to the democratic and legal state, with the up-to-dateconstitutional order, it is not an illegal activity. Also, it is not the KSM’s goal toparticipate in the elections, on top of this; there is not a relevant legal proof which partof the KSM statutes or of the Program of KSM was supposed to represent the strive for activity reserved for political parties or movements.". It is stated that "no such stipulationexists in the statutes and Program of KSM ". Furthermore, with the reference to thestatutes, which, in the KSM’s opinion is the only document that should be examined, it is objected that KSM does not strive by its program for restriction of rights, promotion ofxenophobia, etc., because the goal of KSM is the opposite - the actual spreading of thefulfilment of all rights and freedoms," with the stated fact that "there is no mentionabout proclaiming violence anywhere in the KSM´s document. KSM refusescalling for any other struggle but political." At the same time, reaction is given to theacademic standpoints of the Institute of the State and Law of the Academy ofSciences of the Czech Republic, West Bohemian University in Plzeň and thePolitical scientist PhDr. Zdeněk Zbořil, required by the ministry. In this context, theelaborator of the opinion of the State and Law of the Academy of Sciences of theCzech Republic was marked as biased with stating the fact that it is his personalopinion and not the opinion of the Institute that was submitted.Under the circumstances when the "Program of KSM ", on the ground ofwhich the proceedings on dissolving KSM were commenced, was not changed, eventhough it could have been carried out so in connection with the adjournment of theproceedings, the ministry release of the decision on dissolving KSM is based on thefollowing considerations.The initial part of the "Program of KSM ", paragraph 2, states thefollowing:"KSM stands by the side of the efforts of revolutionary overcomingof capitalism and establishing of economic - removal of private ownership ofmeans of production and its replacement with collective ownership of means of production - and social - implementation of socialist democracy - conditions for building of socialism as the first stage towards creating of the communist society, the building of which is the ultimate goal. These efforts are expressed by the title of the organization, where the meaningof term communist is perceived as a name for a vision of future highly organized non-classsociety, where the administration over the people is replaced with freeadministration of matters and management of production processes, where thecomprehensive and free development of every individual represents the fundament forfree development of all. In such society the life of a person shall not be realized on theaccount of other people, nor on the account of the environment."Firstly, it is necessary to draw the attention to the fact, that inaccordance with the stipulation § 12 Par 3 of the Act on association, it is the activity ofthe civic association and not the wording of its statutes, that is decisive for theimplementation of the actions of the ministry. And as such, even the publicpresentation of its program specifying the general stipulations of the statutes, shouldbe treated in the same way. Should this not be the case, the stipulation of § 4 of theAct on association itself would be negated, which explicitly rules out achievement ofgoals that, among others, violate the constitution and the laws with the fact, that suchcivic association is not allowed. The ministry therefore dealt with the abovementioned selected formulations in the "Program of KSM", which henceforth allows forinvolvement of KSM into activities irreconcilable with the protection of right of everyindividual guaranteed in Article 11 Par. 1 of the Charter of fundamental rights andfreedoms (hereinafter referred to as "Charter"). Signing in for the efforts aimingtowards denial of the right of private ownership of means of production, is irreconcilablewith the elementary democratic principles. As it results from the Article 9 Par. 2 ofthe Constitution of the Czech Republic, the change of substantial pertinences of thedemocratic legal state, the attributes of which include the protection of rights andfreedoms of the human and the citizen in accordance with Article 1 of theConstitution of the Czech Republic, is inadmissible. Based on these facts it isnecessary to rule out the efforts of any subject which would be a violation of theabove mentioned constitution amendment resulting, among other, from the principlesexpressed in the European Agreement on Human Rights and Elementary Freedoms.Therefore it is impossible to accept the standpoint of the KSM, according to which thechanges in the society organization should take place democratically in accordancewith the up-to-date legal order, bearing in mind that KSM keeps on denying to callfor any other struggle than political struggle. The efforts for changes carried out by the abovementioned methods are legal only in case these do not attack against any of theelementary principles protected by international laws and constitutional order.If KSM argues by stating that its intentions relate only to theownership of the means of production and not to the ownership taken complexly, for when it speak about the collective ownership of the means of production,it means the means of production necessary and decisive for the development of thesociety, on the extent of and forms of which it would be democraticallydecided in accordance with the legal order, it is not taken into consideration that the right in the meaning of Article 11 Par. I of the Charter covers all the property regardless of itscharacter, i.e. also regardless on whether it is a private ownership of means of production or not. Therefore it is out of question to take into consideration "removal of privateownership of means of production and its replacement with collective ownership".Although the applied interpretation of KSM does nothave, based on ministry’s opinion, any influence on other evaluation of the matterthan the above mentioned one, for completeness sake it is noted that only the text ofthe examined document that is in the given case entirely unambiguous, should beconsidered decisive.The intention explicitly expressed in the "Program of KSM" istherefore in collision with § 4 letter a) of the Act on association, according to which,associations aiming to otherwise violate the constitution and the laws, are notallowed.Under these circumstances it is necessary, in accordancewith Article 20 Par 3 of the Charter according to which the execution of the associationright can be restricted in cases stipulated by the law, should that be necessary in thedemocratic society in order to protect the rights and freedoms of the others, to decidein a way described in the wording of the decision and to dissolve KSM.As far as the objection of KSM not reasoned in detail isconcerned, which marked the elaborator of the opinion of the Institute of the State andLaw of the Academy of Sciences of the Czech Republic as being biased, the ministrydeclares that such opinion is not an expert’s opinion in accordance with the meaningof § 56 of the Administrative order, but an academic standpoint requested with theregard to the considered reasons of the ministry itself concerning the dissolution ofKSM. The implementation of the institution of the "exclusion from the proceedingsand decision on the matter" in accordance with § 14 Par 7 of the Administrative orderwas therefore groundless.Instruction: It is possible to file an action at the Municipal Court in Prague against thisdecision within the period of 30 days from its delivery.